Civil Procedure Code, 1908, Order 22, Rule 3, 4 -- Abatement of suit/appeal - As and when question of abatement of suit or appeal arises, same can only be gone into and decided by Court where suit or appeal was pending at the time of death of a party...........
Civil Procedure Code, 1908, Section 151, Hindu Marriage Act, 1955, Section 24 -- Interim maintenance - Claimed by Muslim wife - Provision of Hindu Marriage Act not applicable to Muslim parties - So far as S.151 CPC is concerned, it provides only for procedural law and not for substantive rights - No order of maintenance can be passed u/s 24 of Hindu Marriage Act r/w S.151..........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Replication - Defendant in his written statement disclosed host of new facts, which were not pleaded by plaintiff - It was plaintiff who suppressed material facts and not defendant - On the ground of suppression of facts and pleading false facts by defendant, amendment of plaint is not permissible and definitely power..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendant-owners from dispossessing respondent from suit hospital - Respondent is admittedly, running and is in possession of suit hospital for more than 13 years by three agreements - Respondent claims that he is a tenant while defendant-petitioner claim that respondent was a mere..........
Civil Procedure Code, 1908, Section 151, Order 7, Rule 11 -- Rejection of plaint - Defence of defendants cannot be considered at the stage of deciding application U.O.7.R.11 CPC...........
Civil Procedure Code, 1908, Section 151, Order 7, Rule 11, Civil Procedure Code, 1908, Order 10 -- Rejection of plaint - Objections taken in application are mixed question of facts and law, which cannot be decided without framing of issues - Application rightly rejected...........
Civil Procedure Code, 1908, Section 47 -- Execution - Objection by JD - Identity of property was questioned by JD - However, in execution petition question of identity of property could not be raised - After passing decree in favour of DHs, it is for them to look out the question of identity of property - Petitioner who is JD, cannot canvass legality of decree - Moreover,..........
Agreement to sell -- Unregistered - Marking of document as exhibit - Principal document namely the agreement to sell executed prior to coming into force of S.17(1-A) of Registration Act - Amended provision made applicable prospectively - Hence the same was not required to be compulsorily registered - Even if it was required to be registered, keeping in view the purport of..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Barred by law - Suit for cancellation of sale deed and permanent injunction - Plaintiffs got knowledge of sale deed at least in the year 2007 and suit was filed in 2011 - Suit filed after three years from date of plaintiffs got knowledge of sale deed is thus, barred by limitation - Plaint rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaint filed by playing fraud upon Court by making concealment of relevant facts from Court - Plaint rejected...........
